McAlister v. Whitford

MONTGOMERY, Judge.

Marion McAlister, et al., doing1 business as Nashville Sash and Door Company, appellants, sued W. R. Whitford and his wife, Helen, to recover $3,137.69 as the balance due on an account for materials and supplies furnished for the Whitford house and to enforce a materialman’s lien thereon. Both parties moved for summary judgment. Judgment in the sum of $128 was granted appellants. They appeal from the judgment in so far as any further recovery was denied.

By a contract dated June 30, 1958, the Whitfords, appellees, agreed to pay .$42,-891.47 to James B. Barker, doing business…